Allowed

Amitabh Kumar v. the State of Jharkhand

Jharkhand HC14 Jan 2019A.B.A./43/2019

Case brief

AI extract

What is this about?

High Court of Jharkhand granted anticipatory bail to petitioners facing arrest in a case regarding illegal sand transportation. Conditions include surrender, security deposits, cooperation with investigation, and provision of contact details.

What did the court decide?

Anticipatory bail granted subject to surrender, security deposit of Rs. 25,000, and specific conditions regarding investigation cooperation.

Amitabh Kumar Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No.43 of 2019

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Amitabh Kumar

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Ganesh Saw @ Ganesh Sao

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The State of Jharkhand .... .... ....Opposite Party

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CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioners : Mr. Arpit Kumar, Advocate For the State : Addl.P.P.

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Order No.02 Dated- 14.01.2019

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Apprehending their arrest in connection with Birni P.S. Case No.108 of 2018 instituted under Sections 175, 379, 414, 34 of the Indian Penal Code, Section 4 and 54 of Jharkhand Mines Minerals Concession Rules 2004 and Section 21(A), 21(6), 22 of Jharkhand Mines and Minerals Act, the petitioners have moved this Court for grant of privileges of anticipatory bail.

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Heard learned counsel appearing for the petitioners and learned Addl.P.P. appearing for the State.

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Learned counsel appearing for the petitioners submits that the petitioner No.1 is the owner and petitioner No.2 is the driver of a Hywa vehicle which was allegedly involved in the transportation of the illegally excavated sand. It is submitted that the allegations against the petitioners are false. It is further submitted that co-accused persons with similar allegations, have already been given the privileges of anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.10.2018 passed in A.B.A. No.6382 of 2018. It is also submitted that the petitioners have got no criminal antecedent which is evident from para-15 of the instant anticipatory bail application. It is lastly submitted that the petitioners are ready and willing to furnish sufficient security including cash security. Hence, it is submitted that the petitioners be given the privileges of anticipatory bail.

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Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, the petitioners are directed to surrender in the Court of learned C.J.M. at Giridih within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing

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bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. at Giridih in connection with Birni P.S. Case No.108 of 2018 subject to the following conditions:-

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(i) The petitioners are directed to deposit Rs.5,000/- each in the trial court on the date of their surrender as cash security.

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(ii) The petitioners will file undertaking on the date of their surrender before the trial court that they will co-operate with the investigation and they will join the investigation as and when required

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(iii) On the date of their furnishing bail bond, the petitioners will furnish their cell numbers and photo copy of Aadhar Card before the trial court.

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(iv) If the I.O. wants to get the statement of the petitioners recorded, the I.O. will file application before the trial court through learned A.P.P. thereafter trial court will supply the cell number of the petitioners to the I.O., thereafter I.O. will record the statement of the petitioners after giving 72 hours’ notice fixing date, time and place to the petitioners and on the date fixed, the petitioners will appear before the Investigating Officer.

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(v) If the petitioners fail to do so, it is open to the I.O. to file application for cancellation of bail of the petitioners before this court and to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Choudhary, J . )

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Animesh/

Amitabh Kumar v. the State of Jharkhand

Case brief

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Amitabh Kumar v. the State of Jharkhand

Case brief

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